header-logo header-logo

26 November 2021 / Hannah Gumbrill-Ward
Issue: 7958 / Categories: Features , Family , ADR , Arbitration
printer mail-detail

Arbitration in family cases: another way

Hannah Gumbrill-Ward shares the pros & cons of the use of arbitration in family proceedings
  • The time for arbitration to play a bigger role in family proceedings has come.

Family practitioners (and their clients) are all too aware of the current crisis in the family court. At the Jersey International Family Law Conference last month, President of the Family Division, Sir Andrew McFarlane, concluded his speech by acknowledging that ‘the Family Court is not currently in a good place’ adding that ‘the substantial backlog that existed before the pandemic has now grown very substantially’. The 14% increase in the number of new cases started in the family court during the second quarter of this year, following a 7% rise in the first quarter, has done nothing to help alleviate this substantial backlog.

As well as those directly involved in family proceedings, the crisis has also attracted the attention of the Lord Chancellor, who is apparently now drawing up plans to impose penalties on parents deemed to be ‘clogging up’

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
back-to-top-scroll